Traducción de «Facultad de apreciación » (Español → Inglés) :

By judgment of the Court of Justice of the European Communities of 7 September 2006 in case C-310/04 (6) Chapter 10a of Title IV of Regulation (EC) No 1782/2003 was annulled for breach of the principle of proportionality, in particular with reference to the circumstance that ‘the Council, the author of Regulation (EC) No 864/2004, [had] not shown before the Court that in adopting the new cotton support scheme established by that Regulation it actually exercised its discretion, involving the taking into consideration of all the relevant factors and circumstances of the case, including all the labour costs linked to cotton growing and the ...[+++]viability of the ginning undertakings, which it was necessary to take into account for assessing the profitability of that crop’ and that the Court had not been enabled ‘to ascertain whether the Community legislature [had been] able, without exceeding the bounds of the broad discretion it enjoys in the matter, to reach the conclusion that fixing the amount of the specific aid for cotton at 35 % of the total existing aid under the previous support scheme would suffice to guarantee the objective set out in recital 5 in the preamble to Regulation (EC) No 864/2004, namely to ensure the profitability and hence the continuation of that crop, an objective reflecting that laid down in paragraph 2 of Protocol 4’.

1. Authorisation schemes shall be based on criteria which preclude the competent authorities from exercising their power of assessment in an arbitrary manner.

Having regard to the scope of that discretion, review by the Community judicature of the lawfulness of such measures must be confined to the question whether the EIB remained within the reasonable limits of the requirements of the interest of the service and did not use its discretion in a manifestly wrong way.

1. The appointing authority has a wide discretion in assessing the merits to be taken into consideration in a decision on promotion under Article 45 of the Staff Regulations, and review by the Community judicature must be confined to determining whether, having regard to the various considerations which might have influenced the administration in making its assessment, it has remained within reasonable bounds and has not used its power in a manifestly incorrect way.

These discretionary powers remain subject, however, to the procedures provided for in Article 6 and 7 of the framework Directive.

22. In the exercise of their regulatory tasks under Article 15 and 16 of the framework Directive, NRAs enjoy discretionary powers which reflect the complexity of all the relevant factors that must be assessed (economic, factual and legal) when identifying the relevant market and determining the existence of undertakings with SMP.